Hunter Biden will not testify in his criminal gun trial

'Mr. Biden rests his case,' Hunter's attorney told the judge and jury Monday morning

Hunter Biden's defense indicates he won't testify in gun trial

Fox News contributor Andy McCarthy joined 'America's Newsroom' to discuss his reaction to the latest development in the gun case and why he believes it's a 'smart move.'

Hunter Biden will not testify in his own defense in his federal gun crime trial, despite earlier indications from his defense attorney Abbe Lowell that he might. Lowell told the judge and jury Monday morning that, "Mr. Biden rests his case."

The prosecution called FBI Special Agent Erika Jensen back to the stand. 

Hunter Biden is joined in the courtroom by a cohort of family members, including First Lady Jill Biden; his wife, Melissa Cohen Biden; his half-sister Ashley Biden; friend Kevin Morris; his aunt Valerie Biden Owens; and her husband, Jack. President Biden's brother, James Biden, is also in attendance.

HUNTER BIDEN ENTERS DAY 6 OF CRIMINAL TRIAL WITH POSSIBILITY OF TAKING THE STAND

Hunter Biden arriving to court

Hunter Biden, son of U.S. President Joe Biden, arrives to the J. Caleb Boggs Federal Building on June 6, 2024 in Wilmington, Delaware. The trial for Hunter Bidens felony gun charges continues today with additional witnesses.  (Kevin Dietsch/Getty Images)

Prosecutors are working to prove that Biden lied on a federal firearm form, known as ATF Form 4473, in October 2018 when he ticked a box labeled "No" when asked if he is an unlawful user of a firearm or addicted to controlled substances. Hunter Biden purchased a Cobra Colt .38 from a store called StarQuest Shooters & Survival Supply in Wilmington.

Federal prosecutors charged the president's son of making false statements during the gun purchase process, including providing inaccurate information required by federally licensed firearms dealers, and possessing a gun while being unlawfully addicted to or using controlled substances.

He pleaded not guilty in the case. It is the first time in U.S. history that a sitting president's child is on trial.

'LIKE A SON': FORMER TOP BIDEN ADVISER WITH DEEP BUSINESS TIES TO CHINA SPOTTED INSIDE HUNTER BIDEN GUN TRIAL

Hunter Biden departing from federal court

Hunter Biden departs from federal court, Wednesday, June 5, 2024, in Wilmington, Del.  (AP Photo/Matt Slocum)

The total maximum prison time for the three charges could be up to 25 years. Each count also carries a maximum fine of $250,000 and three years of supervised release.

Hunter Biden’s defense team does not deny the first son’s issues with addiction, which are well documented in his memoir, "Beautiful Things." They instead argue that at the time of the gun purchase, Hunter did not consider himself a user of illegal substances. 

Last week, President Joe Biden released the following statement about his son's trial: "I am the President, but I am also a Dad. Jill and I love our son, and we are so proud of the man he is today. Hunter’s resilience in the face of adversity and the strength he has brought to his recovery are inspiring to us."

HUNTER BIDEN'S WIFE LASHES OUT AT FORMER TRUMP AIDE DURING COURT APPEARANCE: 'PIECE OF S---'

Hunter Biden revolver evidence photo

An evidence photo presented by the prosecution  shows the gun that Hunter Biden purchased. (U.S. Government Exhibit)

"A lot of families have loved ones who have overcome addiction and know what we mean. As the President, I don’t and won’t comment on pending federal cases, but as a Dad, I have boundless love for my son, confidence in him, and respect for his strength. Our family has been through a lot together, and Jill and I are going to continue to be there for Hunter and our family with our love and support," the statement said.

Fox News Digital's Anders Hagstrom, Brianna Herlihy and Emma Colton contributed to this report. 

Jamie Joseph is a writer who covers politics. She leads Fox News Digital coverage of the Senate. 

Authored by Jamie Joseph via FoxNews June 10th 2024